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Expungement Basics

What is expungement?

Expungement is the process of going to court to ask a judge to seal a court record. The order would seal the records and prohibit re-opening or disclosure of their existence except under court order or statutory authority.

How can I get a case removed (expunged) from my record?

Submit to the court a Notice of Hearing and Petition for Expungement and an Affidavit of Service. When you submit the Notice and Petition and the Affidavit, you must pay the required filing fees. The expungement packets provided at the top of this page include specific instructions on how to file.

Is filing for an expungement difficult?

Where can I get help with expungement?

Because of specific rules of court in the Second Judicial District (Ramsey County), a Criminal Expungement Clinic is offered at 1:00 p.m. on the 2nd and 4th Thursdays of the month. For more information, refer to the Criminal Expungement Clinic Information at the top of this page.

The Criminal Expungement page of the State Self-Help Center provides detailed information that can help you decide how to proceed. There are videos on what to expect, referrals to low-cost attorneys, and step-by-step instructions. Keep in mind that the forms offered there are not used in Ramsey County.

What should I do if I want to file for expungement, but can't afford the fees?

Submit a Petition to proceed In Forma Pauperis (IFP). Instructions are available online and in Room 900 of the City Hall/Courthouse.

What happens after I’ve filed?

A hearing before a judge will be scheduled and a decision will be made. The decision is not always in favor of the applicant (you). You will need to state your case at the hearing and a representative of the prosecutor’s office may be there to make a case against granting your petition.

Qualification for Expungement

Can I have an arrest expunged if I was not charged?

Yes, but since there is no case in Criminal Court, you would need to file different paperwork. Both sets of paperwork with instructions are available at the top of this page.

An expungement is a court order sealing records and prohibiting re-opening or disclosure of their existence except under court order or statutory authority. Nothing in the statutes authorizes destruction of records or their return to the subject. A Judge of the District Court must hear this petition.

The Criminal Expungement area of the Minnesota Courts Self-Help Center offers a variety of tutorials, guides and resources that can help you through the expungement process. If the offense you wish to have expunged happened in Ramsey County, use the forms at the top of this page to file your request.

What Expungement Means

Expungement (sealing) of a record means the record will not be available to the general public. However, Minn. Stat. §609A.03, subd. 7, states that law enforcement agencies, prosecution or correctional authorities may seek an order signed by a judge to re-open a sealed case for the purpose of a criminal investigation, prosecution or sentencing. The records may be opened for the purposes of evaluating a prospective employee of a criminal justice agency, without a court order, pursuant to Minn. Stat. §609A.03, subd. 7.

You May Qualify for an Expungement If:

The charges were dismissed, you were found not guilty, or the case did not otherwise result in a conviction.

You were charged with a controlled substance offense and the proceedings have been dismissed and discharged.

You were a juvenile prosecuted as an adult;

The Board of Pardons has granted you a pardon extraordinary

If there is no court file (in other words, the prosecutor did not file formal charges or the grand jury did not file an indictment) and you’ve had a clean record for the past 10 years, a petition to the court is not necessary to expunge your arrest record. You should contact the arresting agency and/or the BCA [Minn. Stat. §299C.11(b)].

Serious crimes like murder, aggravated assault, driving while intoxicated, and sex offender crimes are never expunged.

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